Madras High Court
R.Damodaran vs The District Collector on 24 June, 2022
W.P.No.12566 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.12566 of 2020
and W.M.P.Nos.15494 & 15495 of 2020
R.Damodaran .. Petitioner
Vs.
1. The District Collector,
New Collectorate Building,
Manjakuppam,
Cuddalore - 607 001.
2. Revenue Divisional Officer,
Parthasarathy Street,
Virudhachalam - 606 001.
3. Deputy Superintendent of Police,
Directorate of Vigilance and Anti-Corruption,
Cuddalore. .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of
India seeking a Writ of Certiorari calling for the records of the 2nd
respondent in Ref.A1/235/2017, dated 28.01.2017 suspending the petitioner
from the service and quash the same.
For Petitioner : Mr.S.Mahesh Kumar
For Respondent : Mr.T.Chezhiyan
A.G.P.
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W.P.No.12566 of 2020
ORDER
The writ petitioner challenging the impugned suspension order passed
under Rule 17(e)(2) of the Tamil Nadu Civil Services (Discipline and
Appeals) Rules, dated 28.01.2017, has come up with this petition.
2. According to the petitioner, he was working as Village
Administrative Officer at Periyakappankulam in Virudhachalam Taluk.
While he was in service on 25.02.2015, the Vigilance and Anti Corruption
Department conducted a trap proceedings on the ground that the petitioner
demanded bribe of Rs.2,000/- from the complainant for recommending the
petition for Legal Heir Certificate. In the trap proceedings, the petitioner
was caught and he was arrested and remanded to Judicial Custody on
27.01.2017. Therefore, the impugned suspension order has been passed on
28.01.2017.
3. The learned counsel appearing for the petitioner submitted that the
petitioner has been falsely implicated in the case in Spl.C.C. No.1 of 2020,
pending on the file of the learned Chief Judicial Magistrate and Special
Judge under the Prevention of Corruption Act at Cuddalore and he has not
committed any grave offence as alleged by the respondent. The learned
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W.P.No.12566 of 2020
Counsel for the petitioner would further submit that the petitioner has been
placed under prolonged suspension by the respondent to demoralize the
petitioner and therefore, he seeks for revocation of the order of suspension
and also undertakes to cooperate with the criminal proceedings before the
jurisdictional Criminal Court.
4. The learned Additional Government Pleader appearing for the
respondent has objected for revocation of the suspension order and submits
that the case of the petitioner will be considered in the light of the Full
Bench decision of this Court in W.P.Nos.2165 of 2015 and 21628 of 2018
dated 15.03.2022 [P.Kannan v. Commissioner of Municipal
Administration, Chepauk, Chennai and Others],
5. The Hon'ble Full Bench of this Court, in the case of P.Kannan Vs
The Commissioner for Municipal Administration and Others passed in
W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022 has held as
follows:
(i) The judgment of the Apex Court in the
case of Ajay Kumar Choudhary, supra, does not lay
down absolute proposition of law that an order of
suspension cannot be continued beyond the period
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W.P.No.12566 of 2020
of three months if the memorandum of charges /
charge-sheet has not been served within three
months, or if memorandum of charges/charge
-sheet is served without reasoned order of
extension.
(ii) The judgment in R.Balaji, supra, has no
reference to the earlier judgments of co-equal
strength and is thereby rendered per incuriam.
(iii) The issue of challenge to the order of
suspension should be analyzed on the facts of each
case, considering the gravity of the charges and the
rules applicable.
(iv) Revocation of suspension with a
direction to the employer to post the delinquent in a
non-sensitive post cannot be endorsed or directed
as a matter of course. It has to be based on the
facts of each case and after noticing the reason for
the delay in serving the memorandum of
charges/charge-sheet.”
6. In view of the aforesaid submissions, the decision of the Hon'ble
Full Bench of this Court and since the petitioner is in prolonged suspension,
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W.P.No.12566 of 2020
the learned Chief Judicial Magistrate and Special Judge under the Prevention
of Corruption Act at Cuddalore is directed to dispose of the case in Spl.Case
No.1 of 2020, within a period of six months from the date of receipt of a
copy of this order.
7. With the above direction, this Writ Petition stands disposed of.
Consequently, the connected miscellaneous petitions are closed. No costs.
24.06.2022
Index: Yes / No
kk
To
1. The District Collector,
New Collectorate Building,
Manjakuppam,
Cuddalore - 607 001.
2. Revenue Divisional Officer,
Parthasarathy Street,
Virudhachalam - 606 001.
3. Deputy Superintendent of Police,
Directorate of Vigilance and Anti-Corruption,
Cuddalore.
https://www.mhc.tn.gov.in/judis
W.P.No.12566 of 2020
D.KRISHNAKUMAR, J.
kk
W.P.No.12566 of 2020 and
W.M.P.Nos.15494 & 15495 of 2020
24.06.2022
https://www.mhc.tn.gov.in/judis
